alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

914 CA 10-02510 PRESENT: CENTRA, J.P., PERADOTTO, CARNI, GREEN, AND GORSKI, JJ.

JOHN J. WARREN, PLAINTIFF,

V ORDER

LAWRENCE ELLIS, III, WILLIAM CARL ELLIS, CHRISTINE A. KAPAKOS AND LILLIAN D. ELLIS, AS TRUSTEES UNDER THE WILL OF LAWRENCE R. ELLIS, JR., DECEASED, DATED DECEMBER 23, 1986, THE TRUST UNDER THE WILL OF LAWRENCE R. ELLIS, JR., DATED DECEMBER 23, 1986, DEFENDANTS-APPELLANTS, FINGER LAKES BOOK COMPANY AND ALL ABOUT BOOKS, LLC, DEFENDANTS-RESPONDENTS.

LAW OFFICES OF TAYLOR & SANTACROSE, BUFFALO (DESTIN C. SANTACROSE OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

UNDERBERG & KESSLER LLP, BUFFALO (COLIN D. RAMSEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Ontario County (William F. Kocher, A.J.), entered September 2, 2010 in a personal injury action. The order, inter alia, denied the cross motion of defendants-appellants for summary judgment.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: October 7, 2011 Patricia L. Morgan Clerk of the Court
Exhibit 10.2


Loan Agreement Summary


 


		1.	Lender and borrower:



		Borrower:	Weifang Lakeland Safety Products Co., Ltd. (“WF”)



		Lender:	Chinese Rural Credit Cooperative Bank (“CRCCB”)



 


		2.	The borrowing amounts limit: RMB 6 million, WF can select the borrowing amounts within RMB 6 million
(approximately USD $957,500).



 


		3.	Borrowing method: Trading financial, WF mortgaged the building property and land use which is valued
at RMB 12,749,263 to the bank. The bank hired a professional firm to supervise WF’s inventory flow, which WF will pay at
a yearly rate of RMB 37,000.



 


		4.	Interests: The annum interest rate is 5.52%. Monthly interest is RMB 27,600 which will be paid
monthly.



 


		5.	Borrowing period: up to one year. The longest borrowing period is one year beginning December 1,
2015 and ending November 18, 2016.
<PAGE>   1

                                                                    EXHIBIT 23.1


                              ACCOUNTANTS' CONSENT

Board of Directors
International Aircraft Investors:

We consent to incorporation by reference in the registration statements (No.
333-46411 and 333-46413) on Form S-8 of International Aircraft Investors and
subsidiaries of our report dated January 21, 2000 relating to the consolidated
balance sheets of International Aircraft Investors and subsidiaries as of
December 31, 1999 and 1998 and the related consolidated statements of income,
shareholders' equity, and cash flows for each of the years in the three-year
period ended December 31, 1999, which report appears in the 1999 report on Form
10-K of International Aircraft Investors and subsidiaries.

                                          KPMG LLP

Los Angeles, California
March 27, 2000



                                       47
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-11358

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RAFAL ARCHULETA, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:15-CR-40-1

Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Rafal Archuleta, Jr., has moved for 

leave to withdraw and has filed a brief in accordance with Anders v. California, 

386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). 

Archuleta has not filed a response. We have reviewed counsel’s brief and the 

relevant portions of the record reflected therein. We concur with counsel’s 

assessment that the appeal presents no nonfrivolous issue for appellate review. 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 2, 2017

Lyle W. Cayce

Clerk

 Case: 16-11358 Document: 00513975896 Page: 1 Date Filed: 05/02/2017
No. 16-11358

2

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.

 Case: 16-11358 Document: 00513975896 Page: 2 Date Filed: 05/02/2017
Opinion filed October 22, 2015

In The

Eleventh Court of Appeals 

___________

No. 11-15-00243-CR

___________

JASON KEITH RICHARDSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 385th District Court

Midland County, Texas

Trial Court Cause No. CV50227

M E M O R A N D U M O P I N I O N

Jason Keith Richardson, Appellant, filed a pro se notice of appeal in this 

case. He has now filed a pro se motion to withdraw his appeal. In the motion, 

Appellant acknowledges that, pursuant to Article 44.42 of the Code of Criminal 

Procedure, he has no right to appeal. See TEX. CODE CRIM. PROC. ANN. art. 44.42 

(West 2006) (no appeal in bond forfeiture where judgment is for less than $20, 

exclusive of costs). Appellant requests that he be permitted to withdraw his appeal 

without prejudice. The motion is signed by Appellant. See TEX. R. APP. P. 42.2. 
2

The motion is granted, and the appeal is dismissed.

PER CURIAM

October 22, 2015

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
Exhibit 31.1  Chief Executive Officer Certification (Section 302)  CERTIFICATION OF CHIEF EXECUTIVE OFFICER Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002  I, Steve Bergstrom, certify that:  (1) I have reviewed this quarterly report on Form 10-Q of Silver Hill Mines, Inc., (Registrant).  (2) Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;  (3) Based on my knowledge, the financial statements and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;  (4) The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:  (a)  designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;  (b)  evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (c) disclosed in this report any changes in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an quarterly report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  (5) The registrants other certifying officers and I have disclosed, based on our most recent evaluation of the internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):  (a)  all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information ; and  (b)  any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.   Date: November 3, 2008  By: /s/ Steve Bergstrom Steve Bergstrom Chief Executive Officer
DAVIS SERIES, INC.

2949 East Elvira Road, Suite 101

Tucson, Arizona 85756

(520) 434-3771

 

CERTIFICATION

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

KENNETH C. EICH, Principal Executive Officer, and DOUGLAS A. HAINES, Principal Financial Officer of Davis Series, Inc. (the "Registrant"), each certify to the best of his or her knowledge that:

 

(1) The Registrant's periodic report on Form N-CSR for the period ended December 31, 2008 (the "Form N-CSR") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2) The information contained in the Form N-CSR fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

 

| Principal Executive Officer | Principal Financial Officer |
|-----------------------------|-----------------------------|

 

| DAVIS SERIES, INC. | DAVIS SERIES, INC. |
|--------------------|--------------------|

 

| /s/ Kenneth C. Eich | /s/ Douglas A. Haines |
|---------------------|-----------------------|

 

| Kenneth C. Eich | Douglas A. Haines |
|-----------------|-------------------|

| Principal Executive Officer | Principal Financial Officer |
|-----------------------------|-----------------------------|

| Date:  February 13, 2009 | Date: February 13, 2009 |
|--------------------------|-------------------------|

 

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to DAVIS SERIES, INC. and will be retained by DAVIS SERIES, INC. and furnished to the Securities and Exchange Commission (the "Commission") or its staff upon request.

 

This certification is being furnished to the Commission solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Form N-CSR filed with the Commission.
H. R. 6042 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To amend title XIX of the Social Security Act to delay the reduction in Federal 

medical assistance percentage for Medicaid personal care services furnished without an electronic visit verification system, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. DELAY IN REDUCTION OF FMAP FOR MEDICAID PERSONAL 

CARE SERVICES FURNISHED WITHOUT AN ELECTRONIC 

VISIT VERIFICATION SYSTEM. 

(a) IN GENERAL.—Section 1903(l) of the Social Security Act 

(42 U.S.C. 1396b(l)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘January 1, 2019’’ and inserting 

‘‘January 1, 2020’’; and 

(B) in subparagraph (A)(i), by striking ‘‘2019 and’’; 

and 

(2) in paragraph (4)(A)(i), by striking ‘‘calendar quarters 

in 2019’’ and inserting ‘‘calendar quarters in 2020’’. 

(b) SENSE OF CONGRESS ON STAKEHOLDER INPUT REGARDING

ELECTRONIC VISIT VERIFICATION SYSTEMS.—It is the sense of Congress that— 

(1) the Centers for Medicare & Medicaid Services should— 

(A) convene at least one public meeting in 2018 for 

the purpose of soliciting ongoing feedback from Medicaid 

stakeholders on guidance issued by the Centers for Medicare & Medicaid Services on May 16, 2018, regarding electronic visit verification; and 

(B) communicate with such stakeholders regularly and 

throughout the implementation process in a clear and 

transparent manner to monitor beneficiary protections; 

(2) such stakeholders should include State Medicaid directors, beneficiaries, family caregivers, individuals and entities 

who provide personal care services or home health care services, 

Medicaid managed care organizations, electronic visit 

verification vendors, and other stakeholders, as determined 

by the Centers for Medicare & Medicaid Services; and 
H. R. 6042—2 

(3) taking into account stakeholder input on the 

implementation of the electronic visit verification requirement 

under the Medicaid program is vital in order to ensure that 

the Centers for Medicare & Medicaid Services is aware and 

able to mitigate any adverse outcomes with the implementation 

of this policy. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
EXHIBIT 32.1
   CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350
   In connection with the accompanying Quarterly Report on Form 10-Q/A of Zhong Sen International Tea Company for the period ending February 28, 2011, I, Nie Pin, Chief Executive Officer of Zhong Sen International Tea Company hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:
  1.
Such Quarterly Report of Form 10-Q/A for the period ending February 28, 2011, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
The information contained in such Quarterly Report on Form 10-Q/A for the period ended February 28, 2011, fairly represents in all material respects, the financial condition and results of operations of Zhong Sen International Tea Company.
   Date: May 23, 2011By: /s/ Li WangLi Wang

Chief Executive Officer
Exhibit
32.1




CERTIFICATE
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of Auto Search Cars, Inc. (the “Company”)
on Form 10-Q for the period ending March 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Jonathan J.
Martin, as Principal Executive Officer and Principal Financial Officer, hereby
certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:




1.
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and




2.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      as of and for the period covered by the
Report.






May
      20, 2009
            
            /s/
      Jonathan J. MartinDate
            
            Jonathan
      J. Martin
              President,
      Principal Executive Officer and Principal Financial
  Officer
United States Court of Appeals,

Fifth Circuit.

No. 91-4727.

Hung Duc BUI and Richard Lan Bui, Plaintiffs-Appellees, Cross-Appellants,

v.

ST. PAUL MERCURY INSURANCE CO., Defendant-Appellant, Cross-Appellee,

Huey T. Littleton Claim Service of Texas, Inc., Defendant, Cross-Appellee.

Jan. 14, 1993.

Appeal from the United States District Court for the Eastern District of Texas.

Before GOLDBERG, JOLLY, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

St. Paul Insurance Co. ("St. Paul"), the defendant in this case, insured a boat that Hung Duc

Bui and Richard Lan Bui owned. When the boat partially sunk, St. Paul paid $53,000 to the bank

t hat held t he mortgage on the Buis' boat. St. Paul, however, refused to pay the Buis because it s

investigator, Huey T. Littleton Claims Service of Texas, Inc. ("Littleton"), found that the Buis had

negligently maintained their boat. The Buis sued St. Paul and Littleton claiming, i nter alia, that

Littleton negligently investigated their claim and that St. Paul breached its contract with the Buis and

willfully violated its duty of good faith and fair dealing in handling the Buis' claim.

After a full trial, the jury found that St. Paul breached its insurance contract with the Buis.

The jury further found that the St. Paul willfully violated its duty of good faith and fair dealing in

handling the Buis' claims. The jury then awarded the Buis $150,000 in actual damages, $5,000 in

exemplary damages, and $60,000 in attorney's fees. St. Paul now contends that it is entitled to an

offset of $53,000 because of the funds it paid to the bank.

Unfortunately, the offs et issue was never properly presented to the jury. It is not clear

whether the $150,000 in dama ges the jury awarded represents contract damages or whether the it

represents damages that arose be cause St. Paul willfully violated its duty of good faith and fair

dealing. Because of the way this case was argued to the jury, we cannot say that as a matter of lawSt. Paul was entitled to the offset. Given the procedural problems in this case and the way it comes

to us on appeal, we find no reversible error, and consequently, we affirm.

We now turn to the Buis' cross-appeal. The Buis have cro ss-appealed claiming that the

district court erred when it denied them pre-judgment interest and when it dismissed their claims

against Littleton. The district court denied the Buis pre-judgment interest because the jury awarded

them damages based on the cost of repairing their boat at the time of trial and not the time their boat

w as damaged. The district court correctly reasoned that, under these circumstances an award of

pre-judgment interest would be duplicative. Finally, the district court did not err when it dismissed

the Buis' claims against Littleton because Littlet on was not a party to the contract and, under the

particular facts of this case, owed no duty to the Buis under Texas law.

AFFIRMED.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CurrencySharesSMSouth African Rand Trust (the Trust) on Form 10-Q for the period ended April 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Joe Arruda, Chief Financial Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.

Date: June 9, 2009



|                             
|-----------------------------
|/s/ Joe Arruda               
|Joe Arruda*                  
|Chief Financial Officer      
|(principal financial officer)



|* | The Registrant is a trust and Joe Arruda is signing in his
capacity as the principal financial officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
EXHIBIT 32.2

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CurrencyShares Singapore Dollar Trust (the Trust) on Form 10-Q for the period ended April 30, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Joe Arruda, Chief Financial Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and

2. The information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Trust.

Date: June 9, 2009



|                             
|-----------------------------
|/s/ Joe Arruda               
|Joe Arruda*                  
|Chief Financial Officer      
|(principal financial officer)



|* | The Registrant is a trust and Joe Arruda is signing in his
capacity as the principal financial officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 32

       CERTIFICATION OF CHIEF EXECTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Massey Exploration Corp. (the
"Company") on Form 10-Q for the period ending November 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Michael Hawitt, Chief Executive Officer and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906
of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully complies with the requirements of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
6th day of January, 2009.


/s/ Michael Hawitt
---------------------------------------------------
Michael Hawitt
Chief Executive Officer and Chief Financial Officer
Exhibit
13.1






CERTIFICATION
OF THE CHIEF EXECUTIVE OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT


TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the annual report of BluePhoenix Solutions Ltd. (the “Company”)
on Form 20-F/A for the period ending December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Yaron
Tchwella, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to
my knowledge:




(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, of the Securities Exchange Act of 1934,
  and




(2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.






Date:  February
16, 2010


/s/
      Yaron Tchwella
              Yaron
      TchwellaChief
      Executive Officer(Principal
      Executive Officer)





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.